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rights of a father

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1 rights of a father on Sat Feb 09, 2013 5:24 pm

rajko17


Arresto Menor
Good day po sa inyong lahat,im about to share my situation right now. as usual unmarried katulad ng mga post dito ng mga dehadong ama sa karapatan sa anak. sa kaso ko ung ex gf ko ay sinasabihan ako na wag n kong pumunta sa bahay nila para makita ang anak ko. meron ba syang karapatan alisan ako ng karapatan sa anak ko gayun di ako nagkulang sa pagsuporta sa kanila simula pa ng ipinagbubuntis nya pa ito? mahal ko ang anak ko responsable at gagawin ko mapabuti kalagayan nya,ngunit ngayon pa lamang inaalisan nya na ako ng karapatan sa anak ko. pati magulang nya mali tingin sa akin dahil sa simpatiya nila sa anak nila. ano pa ba ang pwede kong gawin sa pagkakataon pagkait nila ipakita ang anak ko sa akin?salamat po at magandang araw sa inyo.

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2 Re: rights of a father on Sat Feb 09, 2013 9:54 pm

jd888


moderator
You failed to mention in your post if you recognized your child in the Birth Certificate, that being so, we will presume that indeed you did acknowledge the child as yours. As such, you are compelled to give support to your child. This is in accordance with Article 195 of the Family Code of the Philippines which reads as follows:

“Art. 195 Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: xxx

(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and xxx”

Insofar as the custody of your child is concerned, there is no doubt that it is the mother who shall exercise the same. This is because the parental authority over an illegitimate child is exercised only by the mother (Article 176 of the Family Code of the Philippines as amended by Republic Act (R. A.) No. 9255).

However, it does not follow that just because the child is under the sole parental authority of the mother, the biological father has no right over the child. The latter has a right to see or visit the child. This is the pronouncement of the Supreme Court in the case of Joey D. Briones vs. Maricel P. Miguel (G.R. No. 156343, October 18, 2004, 440 SCRA 455), to wit:

“We likewise affirm the visitorial right granted by the CA to petitioner. In Silva v. Court of Appeals, the Court sustained the visitorial right of an illegitimate father over his children in view of the constitutionally protected inherent and natural right of parents over their children. Even when the parents are estranged and their affection for each other is lost, their attachment to and feeling for their offspring remain unchanged. Neither the law nor the courts allow this affinity to suffer, absent any real, grave or imminent threat to the well-being of the child.”

Thus, your Ex-GF cannot deny your right to visit your child. However, there is no law mandating the frequency and the manner on how you shall exercise this right, it depends upon the consensus of both you.

To elaborate some more, tell me what happened, how did it arrived to his situation?


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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3 Re: rights of a father on Mon Feb 11, 2013 2:56 pm

northberg


Arresto Menor
Question lang po, I am married and have a daughter but sadly, me and my wife are separated but not legaly separated, we have one child, but the problem is she dosent want me to see my daughter and she don't accept the support for her and my daughter.
At ang sabi nya wag ko ng silang pakeelaman ng anak ko wala daw cyang tatangapin na kahit ano na galing sakin at wala daw akong karapatan sa anak ko cya lang daw ang may karapatan, pero hinahanap ako ng anak ko sinasabi nya sa bata wala ako matagal pa kong babalik dahil may trabaho, saka pala ang anak ko ay 7yrs saka i have enough evidence to support what i am saying now tanong ko lang ano ang pwede ko e kaso sa ex-wife ko about sa pag sagasa nya sa karapatan ko sa anak ko at pag refuse nya sa mga binibigay ko

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4 Re: rights of a father on Mon Feb 11, 2013 3:11 pm

jd888


moderator
Before anything else, give the reasons why the marriage didn't work-out. Be concise please. How did it end up to this? What did you do prior to your separation?

But, concerning visitation, you definitely have the rights, as long as you are not doing anything that would poison the mind of the child and or anything that would not adhere with the following:

Article 3 of PD 603, otherwise known as the Child and Youth Welfare Code, provides in part:

Art. 3. Rights of the Child. .
(1)
(2)
(3)
(4)
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character.
(6)
(7)
( 8 ) Every child has the right to protection against exploitation, improper influences, hazards and other conditions or circumstances prejudicial to his physical, mental emotional social and moral development.

xxx xxx xxx


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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5 Re: rights of a father on Tue Feb 12, 2013 5:03 pm

northberg


Arresto Menor
Just simple we started as a wealthy family, pero because of the economic crisis, nag sara yung bussiness namin pero after naman non may trabaho parin naman ako sa isang malaking company, eto lang di na kaya ng wife ko na ganon na klase na life sytle mashado cyang sanay sa very wealthy life style and she don't like to work gusto lang nya sa bahay gimik ang gusto nya that's why umalis sila saken and they transfer sa bahay ng in-laws ko

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6 Re: rights of a father Today at 7:41 pm

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